Supreme Court Pulls Up Xalta RP, CoC for Non-Compliance With ₹50.55 Lakh Monthly Rent Order; Orders Handover
Kirit Singhania
30 April 2026 3:47 PM IST
The Supreme Court of India on Tuesday warned the Superintendent of Police, Hapur, of personal liability if possession of premises belonging to Prerna Singh is not handed over within a week, directing the Resolution Professional and Committee of Creditors of Xalta Food and Beverages Pvt. Ltd. to ensure compliance.
The Court once again rebuked the RP and CoC for failing to comply with its April 16, 2026 order, noting that against the committed monthly rent of Rs 50.55 lakh, only Rs 33.83 lakh was paid for April 2026.
A bench of Justices J.B. Pardiwala and Ujjal Bhuyan said that the matter has dragged on enough and indicated that the litigation must now be brought to a close without further delay.
The court also expressed dismay over non-compliance of its April 16 order, noting that instead of complying, the CoC filed an application seeking time till July 2026 to hand over possession while offering to continue monthly payments of Rs. 50.55 lakh.
Rejecting this approach, the Court directed the RP, CoC and the Superintendent of Police, Hapur to ensure that vacant and peaceful possession of the premises is handed over to the appellant within one week on an “as is where is” basis.
“We direct the RP, CoC and the Superintendent of Police, Hapur to ensure that vacant and peaceful possession of the premises in question is handed over to the appellant before us within a period of one week from today on as is where is basis.”
The court further directed that the Superintendent of Police, Hapur must remain personally present on the next date of hearing, warning that if possession is not handed over as directed, the SP would be held personally responsible. The court said:
“On the next date of hearing, we want the Superintendent of Police, Hapur to personally remain present before us. If the possession on as is where is basis is not handed over to the appellant before us as directed above, we shall hold the Superintendent of Police, Hapur, personally responsible for the same.”
The top court had, on April 16, strongly criticised the Resolution Professional and the Committee of Creditors of Xalta Food and Beverages Pvt. Ltd. for failing to comply with their undertaking to pay monthly compensatory rent of about ₹50.55 lakh to the lessor, Prerna Singh. The Court noted that only a partial payment of ₹33.83 lakh was made for April 2026 despite the commitment.
The court also termed the conduct as serious misconduct, observing: “We are going to take a very strict view of this contumacious conduct of one and all. No one can take the Court for granted. This is nothing but gross abuse of the process of law.”
While reserving further action, the Court directed the RP and CoC to hand over vacant and peaceful possession of the premises within one week. It also authorised the SP, Hapur to ensure compliance and submit a report after possession is handed over.
The matter is now scheduled to be heard on May 4 to report compliance of its direction.